Realization of the Function of Basic Rights to Balance Society

— Taking Personal Information Rights as an Example

MA Kangfeng

Abstract: The main function of basic rights, which emerges in the context of the binary opposition between the state and civil society, is to defend against the public power of the state. The traditional theory of basic rights constructs logic based on the dualistic framework of “state power and individual rights,” and deals with the dualistic horizontal relationship between “the state and individuals.” However, the increasing complexity of modern society has led to the emergence of different interests and needs within society and the formation of new social powers, resulting in an unequal relationship between private subjects. In the digital era, this phenomenon has become particularly prominent, evidenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects. In this context, the value of basic rights should radiate within society and function as a balancing force. Taking the protection of personal information as an example, while innovating the idea of regulating society through basic rights, the state’s obligation to protect personal information should be further strengthened. Meanwhile, the direct effect of personal information rights, which are basic human rights, on the private subjects of data rights should be established, so as to realize their function in balancing the interests of all parties in society.

Keywords: basic rights · data-based power · protection of personal information · direct effect